City Council
Agenda
ACTION For The Regular City Council Meeting Held
Tuesday, February 22, 2000 At 6:30 p.m.
NOTE: Next Regular City Council Meeting, Mon., Feb. 28, 2000, at 1:30
p.m.
ALL MEMBERS PRESENT
PUBLIC HEARING
LIQUOR LICENSES
1) Application of Lisa M. Warner dba "Cornhusker Social Hall"
for a Class I liquor license at 2940 Cornhusker Highway.
(ADOPTED FOR APPROVAL, 7-0; A-80022)
2) Manager application of Ronald L. Kiger Jr. for Kum & Go,
L.C., dba "Kum & go #341" at 4335 North 70th Street.
(ADOPTED FOR APPROVAL, 7-0; A-80023)
3) Manager application of Ronald L. Kiger Jr. for Kum & Go,
L.C., dba "Kum & go #342" at 2243 North Cotner Blvd.
(ADOPTED FOR APPROVAL, 7-0; A-80024)
4) Manager application of Jacob Arthur North for Outback
Steakhouse FL, Inc. dba "Outback Steakhouse" at 633 North
48th Street. (ADOPTED FOR APPROVAL, 7-0; A-80025)
5) Application of Empyrean Ales/Lazlo's/Jabrisco's dba
"Empyrean Ales" for an addition to its existing Class L, C,
& K liquor license of a storage area at K & Z Distributing
of approximately 12' by 15' in the northwest corner of the
building at 6301 North 60th Street. (ADOPTED FOR APPROVAL,
7-0; A-80026)
PUBLIC HEARING ORDINANCES - 2ND READING
(ITEMS 6 THRU 14 HAD 1ST READING; SEE ITEM #10)
6) 00-38 Amending Sec. 25.03.190 of the LMC to increase the fees for a
HVAC Journeyman examination from $30.00 per test to $50.00
per test.
7) 00-39 Renaming S. 22nd St. between Ridgeline Dr. & Hazel Scott
Dr. as "Shadow Ridge Rd."
8) 00-40 Amending the corporate limits of the City by annexing approx.
50.51 acres of property generally located at N. 33rd St. &
Folkways Blvd. (In connection w/00R-55, 00R-56, & 00-41)
9) 00-41 Change of Zone 3200 - App. of North 33rd St. L.L.C. for a
change from R-3 Residential to B-2 Planned Neighborhood
Business & I-3 Employment Center on property generally
located at N. 33rd St. & Folkways Blvd. (In connection
w/00R-55, 00R-56, & 00-40)
10) 00-42 Change of Zone 3231 - App. of Regal Building Systems, Inc.
for a change from R-3 to R-4 Residential on property
generally located at N. 24th & Dodge Sts. (In connection
w/00R-51, 00R-52, 00R-53) (SUSPENDED RULES TO HAVE 3RD READING
& ACTION, 2/22/00, 7-0; PASSED, 7-0; #17610)
11) 00-43 Change of Zone 3233 - App. of Hampton Development Services
for a change from R-3 to R-4 Residential on property
generally located at N. 23rd St. & Fletcher Ave. (In
connection W/00R-54)
12) 00-44 Change of Zone 3221 - App. of the City for a change from P
Public to I-1 Industrial & from I-1 Industrial to P Public
on property generally located at N. 6th & Charleston Sts.
(In connection w/00-45, 00-46, 00R-57, 00R-58, 00R-59,
00R-60, 00R-61)
13) 00-45 Approving a Ballpark Facilities Lease Agrmt. between the
City & the Board of Regents of the University of Nebraska &
NEBCO, Inc. as tenants for City owned property in the Lincoln
Ballpark Add. for a period of 35 years with an option to
extend the lease for 7 additional terms of 5 years each. (In
connection w/00-44, 00-46, 00R-57, 00R-58, 00R-59, 00R-60,
00R-61)
14) 00-46 Approving the transfer of appropriations related to the
Lincoln Ballpark Proj. in the amount of $871,585 from
Relocation of Engineering Services to City Tow-in Lot
($200,000) and 901/1001 Storm Sewer ($671,585); changing
funding descriptions to eliminate revenue bonds as a funding
source; & transferring $270,000 in appropriations from
project contingency to Additional Road & Access Needs.
(In connection w/00-44, 00-45, 00R-57, 00R-58, 00R-59,
00R-60, 00R-61)
PUBLIC HEARING - RESOLUTIONS
15) App. of St. Patrick's Festival at 6126 Morrill to conduct a
raffle within the City of Lincoln through March 14, 2000.
(ADOPTED, 7-0; A-80027)
16) 00R-48 Amending the Pedestrian/Bicycle Advisory Committee to allow
all 14 members of the Committee to be appointed by the
Mayor. (ADOPTED, 7-0; A-80028)
17) 00R-49 Approving an Interlocal Agreement between the City and the
County Cooperative Extension for education programs on
solid waste management and recycling.
(ADOPTED, 7-0; A-80029)
18) 00R-50 Special Permit 1781 - Application of Gerald Maddox to
develop Northview 1st Community Unit Plan consisting of 122
attached single family dwelling units on property generally
located at North 24th and Dodge Streets. (In connection
w/00-42, 00R-51, 00R-52, 00R-53) (AMENDED, 7-0; ADOPTED AS
AMENDED, 7-0; A-80030)
19) 00R-51 Special Permit 1820 - Application of Regal Building Systems
to develop 128 elderly dwelling units, a 60 person domici-
liary care facility, with a waiver of the height limit from
35 feet to 43 feet, on property generally located at North
24th and Dodge Streets. (In connection w/00-42, 00R-50,
00R-52, 00R-53) (ADOPTED, 7-0; A-80031)
20) 00R-52 Special Permit 1821 - Application of Regal Building Systems
to construct an early childhood care facility for 118
children on property generally located at North 24th and
Dodge Streets. (In connection w/00-42, 00R-50, 00R-51,
00R-53) (ADOPTED, 7-0; A-80032)
21) 00R-53 Accepting and approving the preliminary plat of Northview
1st Addition and to waive the design standards to allow
non-perpendicular lot lines on property generally located
at North 24th and Dodge Streets. (In connection w/00-42,
00R-50, 00R-51, 00R-52) (ADOPTED, 7-0; A-80033)
22) 00R-54 Special Permit 1828 - Application of Hampton Development
Services to develop an elderly care facility with 140
dwelling units, an assisted living facility for 205 persons,
and a child care facility for 120 children, along with a
waiver of design standards to increase the height limit
from 35 feet to 50 feet and a reduction of the front yard
setbacks. (In connection w/00-43)
(ACTION DELAYED TO 2/28/00, 7-0)
23) 00R-55 Use Permit No. 123 - Application of North 33rd Street L.L.C.
to develop 136,000 sq. ft. of retail space, 204,000 sq. ft.
of office space, and 751,000 sq. ft. of industrial/warehouse
space, on property generally located at North 33rd Street
and Folkways Blvd. (In connection w/00-40, 00-41, & 00R-56)
(ACTION DELAYED TO 2/28/00, 7-0)
24) 00R-56 Accepting and approving the preliminary plat of Landmark
Corporate Center for 40 commercial/industrial lots and
three outlots with associated waivers on property generally
located at North 33rd Street and Folkways Blvd. (In
connection w/00-40, 00-41, & 00R-56) (ACTION DELAYED TO
2/28/00, 7-0)
25) 00R-57 Comp. Plan Amendment 94-46 - Amending the Land Use Plan to
change land use from Parks and Open Space and Industrial to
Public and Semi-Public and amending associated text on
property generally located at North 6th and Charleston
Streets. (In connection w/00-44, 00-45, 00-46, 00R-58,
00R-59, 00R-60, 00R-61) (ACTION DELAYED TO 2/28/00, 7-0)
26) 00R-58 Special Permit 1822 - Application of NEBCO, Inc. for
authority to sell alcoholic beverages for consumption on the
premises at the Lincoln Ballpark generally located south of
Charleston Street, west of North 6th Street. (In connection
w/00-44, 00-45, 00-46, 00R-59, 00R-60, 00R-61)
(ACTION DELAYED TO 2/28/00, 7-0)
27) 00R-59 Accepting and approving the preliminary plat of Lincoln
Ballpark with waivers of the subdivision requirements for
sidewalks, street trees, on-site stormwater detention, and
a 2% approach grade at the Salt Creek Bridge on property
generally located south of Charleston Street, west of North
6th Street. (In connection w/00-44, 00-45, 00-46, 00R-57,
00R-58, 00R-60, 00R-61) (ACTION DELAYED TO 2/28/00, 7-0)
28) 00R-60 Approving amendments to the Ballpark Interlocal Agreement
and Memorandum of Agreement between the City, Board of
Regents of the University of Nebraska, the Lincoln-Lancaster
County Railroad Transportation District and NEBCO, Inc. to
correlate with the Ballpark Lease and Construction Agree-
ments by moving a reference to parking, change a reference
to Administrative Agreements, and deleting a reference to
the Corollary Site. (In connection w/00-44, 00-45, 00-46,
00R-57, 00R-58, 00R-59, 00R-61) (ACTION DELAYED TO 2/28/00,
7-0)
29) 00R-61 Approving a Construction Agreement authorized by the Ball-
park Interlocal Agreement for the Board of Regents of the
University of Nebraska and NEBCO, Inc. to pay for and
construct Ballpark facilities and for the City to pay for
and construct related public works facilities for the
Lincoln Ballpark Project. (In connection w/00-44, 00-45,
00-46, 00R-57, 00R-58, 00R-59, 00R-60) (ACTION DELAYED TO
2/28/00, 7-0)
PETITIONS & COMMUNICATIONS
30) MISCELLANEOUS REFERRALS
Setting Hearing date of Mon., March 6, 2000 at 1:30 p.m. on the
App. of Benchmark Redevelopment, Inc. dba "Buzzard Billy's
Armadillo Bar-N-Grill-O" for a Retail Class "C" Liquor License
at 247 N. 8th St., Ste. 101. (ADOPTED, 7-0; A-80034)
Setting Hearing date of Mon., March 6, 2000 at 1:30 p.m. on the
App. of Brinker Restaurant Corp. dba "Romano's Macaroni Grill"
for a Retail Class "C" Liquor License at 6800 S. 27th St.
(ADOPTED, 7-0; A-80035)
Setting Hearing date of Mon., March 6, 2000, at 1:30 p.m on the
Man. App. of Irene K. Hunt for "Guitars & Cadillacs" at 5400 O
Street. (ADOPTED, 7-0; A-80036)
Formal Petition to vacate Public way of West P St. between the
east line of Sun Valley Blvd. & the west line of Salt Creek
Channel signed by Paul & Lois Pfundt, William T. Kimball, Jr.,
Michael & Sheree Moser. (REFERRED TO LAW DEPT. )
Formal Petition to vacate Public Way of Timothy Court, Lot 1,
Block 2 of Northview 1st Addition. (REFERRED TO LAW DEPT.)
Report from City Treasurer of Telecomm. Occ. Tax due as follows:
Jan., 2000: Destia Comm., Cincinnati Bell Long Distance.
(PLACED ON FILE)
REPORTS OF CITY OFFICERS
31) Clerk's Letter & Mayor's Approval of Ordinances & Resolutions
passed on Feb. 7, 2000. (PLACED ON FILE)
32) Investment of Funds. (ACTION DELAYED TO 2/28/00, 7-0)
33) Report from City Treasurer of City Cash on Hand at the close of
business 1/31/2000. (PLACED ON FILE)
ORDINANCES - 1ST READING (ITEMS 34 THRU 41 HAD 1ST READING; SEE ITEM 34)
34) 00-37 Approving the transfer of appropriations in the amount of
$6,600,000 within the Wastewater Construction Fund from
Capital Improvement Projects Theresa Street Plant Treatment
Expansion and NE Treatment Plant Expansion to Salt Valley
Relief Sewer Improvements to complete the Salt Valley Relief
Sewer Improvements project as one total project.
(INTRODUCTION DELAYED TO 3/6/00, 7-0)
35) 00-47 Change of Zone 3229 - Application of TRG Consulting, L.L.C.
for a change of zone from R-2 Residential to R-4 Residential
on property generally located northwest of the intersection
of South 56th Street and Pioneers Blvd. (In connection
w/00R-65)
36) 00-48 Change of Zone 3234 - Application of E.D.C. for a change of
zone from AG Agricultural to R-3 Residential on property
generally located at Gunnison and Breckenridge north of the
old Fletcher alignment, ½ mile west of North 27th Street.
37) 00-49 Change of Zone 3235 - Application of the Planning Director
for a change of zone from I-2 Industrial Park to P Public Use
on property generally located at South 14th Street and
Radcliff Street.
38) 00-50 Vacating the east-west alley located between 5th and 6th
Streets from "G" to "H": Streets.
39) 00-51 Vacating the east-west alley in the block bounded by North
17th Street, "R" Street, North 18th Street, and "Q" Street.
40) 00-52 Vacating Cooper Avenue west from the west right-of-way line
of South 52nd Street approximately 158 feet to the west line
of the north/south alley.
41) 00-53 Amending Chapter 8.08 of the LMC, the Ambulance Transportation
Code, to allow an extension of a current certificate of public
convenience & necessity for a period not to exceed two years.
RESOLUTION - FOR COUNCIL ACTION - HAD PUBLIC HEARING
42) 00R-47 Accepting the report of the David A. Henry Tort Claim filed
against the City & approving the disposition of said claim.
(ADOPTED, 5-2; CAMP & MCROY DISSENTING; 80019-A)
ORDINANCES - 3RD READING
43) 00-31 Amending Chapter 5.38 of the LMC to include condominiums for
the purpose of ensuring compliance with the minimum housing
standards. (PLACED ON PENDING W/PUB. HEARING TO 3/6/00, 7-0)
44) 00-32 Change of Zone 3224 - Amending Title 27 of the LMC to add a
new Sec. 27.71.095 to permit light wells & egress windows
in required yards. (ACTION DELAYED TO 2/28/00, 7-0)
45) 00-33 Change of Zone 3225 - App. of Ridge Development Co., South-
view, Inc., & the Large Partnership for a change from R-3
Residential to O-3 Office Park & from O-3 Office Park to
R-3 Residential on property generally located southeast of
S. 14th St. & Yankee Hill Rd. (PASSED, 7-0; #17611)
46) 00-34 Accepting the street right-of-way for the east half of S.
91st St. abutting Vintage Heights 6th Add.
(PASSED, 7-0; #17612)
47) 00-14 Amending Sec. 9.16.230 of the LMC to define "nudity" & to
make it unlawful for a person to appear in any public place
in a state of nudity or for an employee or performer to
have any physical contact with any patron. (In connection
w/00-35, 00-36) (MOVED TO WITHDRAW,7-0)
48) 00-35 Amending Sec. 9.16.230 of the LMC to define "nudity", to
make it unlawful for a person to appear in any public place
in a state of nudity, & providing exceptions thereto. (In
connection w/00-14, 00-36) (PLACED ON PENDING, 6-1;
SHOECRAFT DISSENTING)
49) 00-36 Amending Chapter 9.16 of the LMC to add Sec. 9.16.240
banning sexual contact in businesses. (In connection
w/00-14, 00-35) (PASSED, 7-0; #17613)
50) 00-27 Vacating W. "E" St. between S.W. 6th & S. Folsom Sts.
(2/14/00 - Vote delayed to 2/22/00) (ACCEPTED SUBSTITUTE
ORDINANCE, 7-0; PASSED, 7-0; #17614)
ORDINANCES - 3RD READING
(AND RELATED RESOLUTIONS - HAD PUB. HEARING)
51) 00-16 Change of Zone 3182 - App. of the B & J Partnership & the
Planning Director for a change from R-2 Residential to B-2
Planned Neighborhood Business & from R-2 Residential to P
Public on property generally located at S. Coddington Ave.
& W. "A" St. (In connection w/00-17, 00R-27)
(PASSED, 7-0; #17615)
52) 00-17 Declaring approx. 0.9 acres of property generally located at
S. Coddington Ave. & W. "A" St. as surplus & authorizing the
sale thereof. (In connec-tion w/00-16, 00R-27)
(AMENDED, 7-0; PASSED, 7-0; #17616)
53) 00R-27 Use Permit 118 - App. of B & J Partnership to develop 89,700
sq. ft. of commercial space & a reduction of the front yard
setback on property generally located at S. Coddington Ave.
& W. "A" St. (In connection w/00-16, 00-17)
(ADOPTED, 7-0; A-80037)
54) 00-28 Amending Title 26 of the LMC to add a section to define
"minimum flood corridor", to adopt the policy recommendation
related to the Comprehensive Stormwater Management Plan, to
establish a requirement for the removal of sediment from
streets, alleys, sidewalks, public ways, or public grounds, &
providing a penalty for failure to do so. (In connection
w/00-29, 00-30, 00R-38) (AMENDED, 7-0; 2ND AMENDMENT, 7-0;
PASSED, 7-0; #17617 )
55) 00-29 Change of Zone 3216 - Amending Title 27 of the LMC to provide
grading & land disturbance regulations for the AG, AGR, R-1
through R-8, O-1 through O-3, R-T, B-1 through B-5, H-1
through H-4, & I-1 through I-3 zoning districts. (In
connection w/00-28, 00-30, 00R-38)(PASSED, 7-0; #17618 )
56) 00-30 Amending Chapter 20.12 of the LMC to adopt the policy
recommendation related to the Comprehensive Stormwater
Management Plan. (In connection w/00-28, 00-29, 00R-38)
(PASSED, 7-0; #17619)
57) 00R-38 Adopting the Stormwater Drainage Design Standards & related
City of Lincoln Drainage Criteria Manual as part of the
Design Standards for Subdivision Regulations. (In connection
w/00-28, 00-29, 00-30) (ACCEPTED SUB. PAGES, 7-0;
ADOPTED, 7-0; A-80038)
PENDING LIST (EXTENDED 1 WEEK; SEE ITEM 69)
58) 95-128 Change of Zone 2912 - App. of Don Fauth for a change from
AG to AGR on property generally located ½ mi. west of
Coddington at SW 27th St. & Old Cheney Rd. (10/14/96 -
Placed on Pending)
59) 97-6 Vacating that portion of 11th St. lying between the north
R-O-W line of Y St. & the northwesterly line of Burlington
Northern R.R. R-O-W in the NE¼ of Sec. 23, T10N, R6E.
(2/3/97 - Placed on Pending until receipt of money)
60) 98-52 Declaring city-owned property legally described as the
remaining portion of Lots 226-229, Ridgeview Add., except
the north 10' of said lots, generally located at N. 5th &
Adams St., as surplus & authorizing the sale thereof.
(4/6/98 - Placed on Pending)
61) 97-122 Amending Sec. 5.04.060 of the LMC to prohibit issuance of
special designated licenses for sale of liquor to the
general public in the downtown area on home football game
days. (8/25/97 - Amended; Placed on Pending)
62) 97-66 Change of Zone 3023 - App. of the Planning Director for a
change from B-2 Planned Neighborhood Business to R-5
Residential on property generally located at 7401 Pioneers
Blvd. (11/1/99 - Placed on Pending)
63) 99R-289 Comp. Plan Amendment 94-38 - App. of the Planning Director
to incorporate the Beal Slough Basin Stormwater Master Plan
by reference as an approved component of the Comprehensive
Plan. (12/6/99 - Placed on Pending until Spring of 2000 for
cont'd Public Hearing)
64) 97-142 Change of Zone 3076 - App. of Dustrol, Inc. for a change
from AG Agricultural to H-4 General Commercial on property
generally located on the south side of Arbor Rd., west of
N. 56th St. (9/22/97 - Placed on Pending)
65) 98-153 Change of Zone 3141 - App. of Randy Rohlmeier for a change
from R-2 Residential to I-1 Industrial, on property
generally located at the southwest corner of N. 33rd St. &
Leighton Ave. (9/21/98 - Placed on Pending)
66) 98R-370 Approving an exception to the Guidelines & Regulations for
Driveway Design & Location requirements of vehicle stacking
for Lincoln Federal Savings at 70th & "O" Sts. (11/23/98 -
Placed on Pending for 30 days)
67) 99R-134 Approving a recommendation that the Mayor amend Admini-
strative Regulation #9 to allow for the creation &
implementation of a take-home vehicle program for police
officers in targeted revitalization strategy areas.
(5/10/99 - Placed on Pending)
68) 99-58 Change of Zone 3167 - App. of College View 7th Day Adventist
Church for a change from R-4 & R-6 Residential to B-3
Commercial on property gener-ally located at S. 49th St. &
Lowell Ave. (6/1/99 - Placed on Pending)
69) 99R-152 Authorizing acquisition of property contiguous with other
city of Lincoln property in Sarpy County east of the Platte
River. (6/28/99 - Action delayed for 3 weeks w/Pub. Hearing
on 7/19/99) (7/12/99 - To remain on Pending indefinitely)
(REMOVED FROM PENDING & INDEFINITELY POSTPONED, 7-0)
70) 99-93 Amending the corporate limits of the City by annexing
approx. 45 acres of property generally located at S. 14th
St. & Mockingbird Lane North. (8/23/99 - Placed on Pending
for 6 months)
71) 98-104 Vacating the alley north of W. C St. & west of SW 1st St.
(9/7/99 - 2nd Sub. Ord. Accepted. Placed on Pending)
72) 00R-4 Amending the City's resolution on local government miscel-
laneous expenditures to clarify language; to provide for
travel approval by department directors & instituting a
requirement for directors to submit a semi-annual report
regarding travel authorizations; to provide that teams are
eligible for the Mayor's Award of Excellence; & to eliminate
references to the City's wellness program. (1/18/00 -
Placed on Pending)
WITH COUNCIL APPROVAL, THE FOLLOWING RESOLUTIONS WILL HAVE
PUBLIC HEARING ON MONDAY, FEBRUARY 28, 2000.
73) 00R-62 Approving appropriations in the amount of $37,355 from the
operation of Keno lottery for various human services.
74) 00R-63 Special Permit 773A - Application of Lincoln Housing
Authority to revise and expand a parking lot on property
generally located at 57th and "R" Streets.
75) 00R-64 Special Permit 1423C - Application of Dru, Guy, and David
Lammle to amend the Himark Estates Community Unit Plan to
add land, increase the assigned number of dwelling units
from 240 to 300 multi-family dwelling units, and to approve
the site plan for the multiple family area, on property
generally located at the northeast corner of South 84th
Street and Old Cheney Road. (CONTINUE PUB. HEARING TO
3/13/00, 7-0)
76) 00R-65 Special Permit 1824 - Application of TRG Consulting to
construct a domiciliary care facility of 98 units for 102
residents on property generally located northwest of the
intersection of South 56th Street and Pioneers Blvd.
(In connection w/00-47)
77) 00R-66 Approving an Interlocal Agreement between the City and
County for health care consulting services and the prepar-
ation of requests for proposals for health care coverage.
78) 00R-67 Accepting the report of new and pending tort claims against
the City and approving disposition of claims set forth
therein for the period of February 1 through 15, 2000.
79) 99R-68 Appointing Third World Oforah and Scott Sullivan to the
Urban Design Committee for terms expiring February 1, 2001
and February 1, 2002 respectively.
80) 99R-69 Reappointing Dennis Scheer, Kim Todd, Philip Perry, Joanne
Kissel, and Gordon Scholz to the Urban Design Committee for
terms expiring February 1, 2001, February 1, 2002, February
1, 2002, February 1, 2003, and February 1, 2003 respectively.
81) 00R-70 Approving the North 33rd Street Infrastructure Agreement
between the City and Northridge Heights Partners, Ridge
Devleopment Co., Lancaster County School District 001, Knox
Associates, Superior Pointe Partners, North Thirty-Third
L.L,C., and Dennis R. Schworer for the design and cons-
truction of the extension of North 33rd Street to its
Terminus.
ADJOURNMENT 10:44 P.M.
UPCOMING HEARINGS
Hearing date of Mon., Feb. 28, 2000 at 1:30 p.m. on the Man. App. of
Daniel C. Smith for B & R Stores, Inc. dba Russ's Bishop Heights IGA
at 4200 S. 27th St.
City Council
2000 Agenda History
Current History
